Dana v. Jones
Appellate Division of the Supreme Court of the State of New York
Appeal by James Costello from an order of the Supreme Court, made at the Kings County Special Term and entered in the office of the clerk of the county of Kings on the 22d day of December, 1903, denying the appellant’s motion to be relieved from his purchase of the real estate sold upon a. judicial sale in the above-entitled action.
1Opinion of the Court
Woodward, J.:
James Costello, as the assignee of the purchaser of the premises described in the complaint in this action, makes application to the court to be relieved from the purchase, and to be reimbursed for his deposit and expenses. His motion has been denied, and appeal «comes to this court from the order entered.
*498It is urged on this appeal that-the purchaser has a right to a good merchantable title, a proposition too obvious to require citation of authorities, and two objections are raised to the title offered. One. ■of these is that a certain power of sale contained in the will of one…
2Cases cited3 opinions
- Tarbell v. . WestNew York Court of Appeals · 1881
- Cussack v. . TweedyNew York Court of Appeals · 1891
- Todd v. Union Dime Savings InstitutionNew York Court of Appeals · 1890
3Cited by1 opinion
- College Point Savings Bank v. BonfiglioNew York Supreme Court · 1962